Co-accused refuses to testify in Spryfield murder case

Jerricho Upshaw, 18, refused Thursday to testify at the first-degree murder trial in the shooting death of Spryfield senior Glenn Oakley. A hearing is set to determine if Upshaw should be found in contempt of court. (ERIC WYNNE / Staff / File)

UPDATED 7:27 p.m. Thursday

A man accused in the death of a Spryfield senior last November is facing a hearing to determine whether he should be found in contempt of court.

Jerricho Upshaw, 18, refused Thursday morning to testify in Nova Scotia youth court against a co-accused. The 17-year-old on trial is charged with first-degree murder in the shooting of 70-year-old Glenn Oakley, who was out for his regular evening walk when he was slain.

Upshaw answered Crown attorney Ron Lacey’s questions about where he lived last November and then said he wasn’t going to testify anymore.

His lawyer had tried last week to quash the subpoena, and then applied to have a publication ban placed on his testimony. The Chronicle Herald and the CBC opposed that application, and on Wednesday a Nova Scotia Supreme Court justice refused to impose the ban.

Upshaw told Judge Anne Derrick that he knew his testimony would be publicized. She told him he was obliged to answer Lacey’s questions.

“With all due respect, and no disrespect, I’m not answering any questions,” Upshaw told her.

“I think you want to reflect on that, Mr. Upshaw,” Derrick said. “You’re under subpoena and the law requires you to answer questions.”

She asked him again if he would testify and he said no.

Derrick adjourned court to allow Upshaw time to talk with his lawyers, Brian Church and Ian Gray. When he came back to court, he hadn’t changed his mind.

Even before the break, Upshaw told the judge: “I’ve talked to Mr. Church and Mr. Gray, and my decision stands.”

Derrick then recessed court to give Upshaw one more chance to reconsider and lawyers a chance to look at what is involved with situations of alleged contempt of court.

Upshaw remained steadfast after lunch. Lawyers in the case will be back in court Friday morning to discuss when a hearing should take place. The hearing will give Upshaw the chance to show why he should not be found in contempt of court.

The court began to watch the original videotaped police statement by Upshaw late Thursday. The Crown will attempt to convince Derrick that the statement can be admitted as evidence in lieu of Upshaw’s direct testimony and can be considered truthful

Defence lawyer Luke Craggs said outside court his position is that the statement should not be admitted.

“It wasn’t a sworn statement, and when someone is speaking to police they’re not able to be cross-examined,” he said. “It’s not on the same calibre of quality as having a witness on the witness box and testifying.”

The 17-year-old on trial is also charged with robbery, possession of stolen property, fraudulent use of a credit card and possession of a weapon for a dangerous purpose.

Upshaw is charged with second-degree murder and four other offences. A third man, 19-year-old Christopher Picco, is charged with being an accessory to murder after the fact and possession of stolen property.

Picco testified for the Crown last week. His trial and Upshaw’s are scheduled for next year.